Faster is Better: Finding the Right Speaking Pace
By Thomas M. O’Toole, Ph.D. What is the most appropriate pace of speech? A common belief among trial attorneys is that it is important to
Thomas O'Toole, Ph.D.
November 7, 2018
Persuading a New Generation of Millennial Jurors
By Thomas M. O’Toole, Ph.D. Over the past few months, I’ve celebrated my 40thbirthday, my 15thyear in the jury consulting industry, and the 5-year anniversary
Thomas O'Toole, Ph.D.
September 27, 2018
The Jurors Hated It, But It Worked
By Thomas M. O’Toole, Ph.D. An important lesson I have learned from observing jurors’ decision-making in mock trials is that jurors sometimes dislike strategies that
Thomas O'Toole, Ph.D.
August 6, 2018
How Johnny Depp Can Sell Jurors on Fiduciary Duty in His Lawsuit Against TMG
By Thomas M. O’Toole, Ph.D. Last year, famed actor Johnny Depp filed a lawsuit against his management company for professional negligence, breach of fiduciary duty, fraud,
Thomas O'Toole, Ph.D.
July 6, 2018
The Value of Serving a “Truth Sandwich” to Your Jurors
By Jill D. Schmid, Ph.D. Lately I’ve been following the debate about how the media should cover Trump’s statements – whether via Tweet, rally, official
Thomas O'Toole, Ph.D.
June 21, 2018
Flags, Focus, and the Importance of Shifting Jurors’ Attention to Favorable Messaging
By Jill D. Schmid, Ph.D. When Colin Kaepernick first took a knee in 2016 during the National Anthem to protest police brutality against African-Americans, the
Thomas O'Toole, Ph.D.
June 12, 2018
Litigating Sexual Harassment Claims in the Era of “Me Too”
By Thomas M. O’Toole, Ph.D. The “me too” movement has become one of the most defining issues in American culture over the last year. We
Thomas O'Toole, Ph.D.
May 31, 2018
Filling the Experience Gap with Creative Associate Training Programs
By Jill D. Schmid, Ph.D. In an article called “The Case of the Vanishing Trial Lawyer,” published in the Boston Globe,a veteran litigator, Edward McCarthy,
Thomas O'Toole, Ph.D.
May 16, 2018
Does the Size of a Corporate Defendant Matter?
By Thomas M. O’Toole, Ph.D. It probably comes as no surprise that corporate defendants face a disadvantage at trial compared to individual defendants. A long
Thomas O'Toole, Ph.D.
May 1, 2018
Battling Confirmation Bias and First Impressions in Litigation
By Thomas M. O’Toole, Ph.D. Confirmation bias refers to when people accept or reject evidence based upon what they want to believe as opposed to
Thomas O'Toole, Ph.D.
April 17, 2018
Using Jury Instructions More Effectively in Closing Argument
By Thomas M. O’Toole, Ph.D. One of the studies that I like to cite more than just about any is the old 3M study that
Thomas O'Toole, Ph.D.
April 3, 2018
The Power of Embracing Bad Facts
By Jill D. Schmid, Ph.D. On a recent episode of “All In,” Chris Hayes was discussing one possible approach the Trump team could take in
Thomas O'Toole, Ph.D.
March 26, 2018
The Value of Repetitive Question Structures in Direct and Cross Examination
By Thomas M. O’Toole, Ph.D. I have previously written about how important repetition is to persuasion. I discussed how repetition increases retention, familiarity, and believability.
Thomas O'Toole, Ph.D.
March 22, 2018
“Jury Nullification” is a Greater Threat than You Think
By Jill D. Schmid, Ph.D. Sound Jury Consulting recently conducted a nationwide online survey in which we asked the following: If you were sitting as
Thomas O'Toole, Ph.D.
March 8, 2018
Does your witness script match your witness’s communication style?
By Jill D. Schmid, Ph.D. I’m sure you’ve written dozens perhaps hundreds. For each, you’ve painstakingly chosen every word, and gone over it with a
Thomas O'Toole, Ph.D.
February 22, 2018
Dissecting the “Broken Rule” Strategy Used by Plaintiffs
By Thomas M. O’Toole, Ph.D. One of the most popular strategies used and advocated by many plaintiff’s attorneys across the country is the “broken rule”
Thomas O'Toole, Ph.D.
February 13, 2018
Deposition Performance Case Study: Marcus Lemonis
By Thomas M. O’Toole, Ph.D. I am a fan of the television show, The Profit . It’s entertaining and a wonderful resource for small businesses.
Thomas O'Toole, Ph.D.
February 8, 2018
A Practical Guide for Developing Jury Selection Strategies
By Thomas M. O’Toole, Ph.D. I’m proud to announce that Jury Selection Handbook: The Nuts and Bolts of Effective Jury Selection, a book that I
Thomas O'Toole, Ph.D.
January 30, 2018
Why Jurors Often Fail to Understand What’s Important…Even When It’s Obvious
By Thomas M. O’Toole, Ph.D. Before you read any further, watch the above 1 minute and 41 second video, which will provide incredible insights into
Thomas O'Toole, Ph.D.
January 10, 2018
Repeating the Importance of Repeating
By Thomas M. O’Toole, Ph.D. The value of repetition as a simple and practical strategy for persuasion at trial cannot be overstated. However, despite the
Thomas O'Toole, Ph.D.
December 12, 2017
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